TaxTMI 
TaxTMI 
2009 (2) TMI 637
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....SDR, for the Appellant. Shri M.H. Patil, Advocate, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. - These are three appeals filed by the revenue which have been decided together by the Commissioner (Appeals) through a common order and are therefore being disposed off by us by a common order. 2. The brief facts of the case are that the respondents M/s. Bombay Dyeing & ....
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....were confirmed on various elements, but these orders were set aside by Commissioner (Appeals) vide his impugned order. Revenue in its appeals has disputed the non-inclusion of marketing and advertising expenses in computing the cost of production. 3. We have heard both sides. We find that the revenue in its appeals has simply stated that Commissioner (Appeals) findings are based on CEGAT j....
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....Industries case which in turn has relied upon the Tribunal's decision in the case of Cadbury India Ltd. - 2001 (135) E.L.T. 510 (Tri.) has been decided by the Supreme Court as reported in 2006 (200) E.L.T. 353 (S.C.) and it has been held by the Apex Court that advertising, insurance and other expenses of factory are not includible in the assessable value of the intermediate products and according ....
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....-CX dated 13-2-2003, wherein it has been held that cost of production of captively consumed goods will be done strictly in accordance with CAS-4 principles of accountancy. Commissioner (Appeals) has found that as per Para 5.7 of the CAS-4 such expenses are not includible and there is not challenge to these observations in the revenue's appeals. 4. Since the matter has already been settled ....